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331 State v. Michael Cahill -- rank: 475

... of .08. Defendant was issued four tickets: driving while intoxicated, N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; consumption ... Chief Justice Wilentz issued a directive stating that offenses under N.J.S.A. 39:4-50 (operation of an automobile under the influence of alcohol or ...

docket:	A-47-11
court:	NJ Supreme Court
decided:	2013-04-01
status:
citation:	213 N.J. 253 61 A.3d 1278
Document Size:	91545

332 STATE OF NEW JERSEY v. S.E -- rank: 475

... in Toms River Township Municipal Court to driving while intoxicated, N.J.S.A. 39:4-50. Prior to sentencing, defendant requested to withdraw her plea. The ... S.A. 39:4-96, and driving while intoxicated (DWI), N.J.S.A. 39:4-50. A-5691-17T1 3 In March 2016, with representation by ... acknowledged driving while under the influence. She pleaded guilty under N.J.S.A. 39:4-50(a)(l)(i) and was sentenced in accord with that ...

docket:	a5691-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-30
status:	Unpublished
citation:
Document Size:	25394

333 STATE OF NEW JERSEY v. JACQUELYN BENAVIDES -- rank: 475

... was convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50.4(a). 2 The court sentenced defendant to a seven ... the Alcotest. Consistent with the implied consent and refusal laws, N.J.S.A. 39:4-50.2 and -50.4(a), Officer Sofield read to defendant ... as if you had been convicted of a violation of N.J.S.A. 39:4-50, or you will be subject to penalties for your failure ... IDRC program and install the interlock device pending appeal. 4 N.J.S.A. 39:4-50.17, which requires the installation of an interlock device for ...

docket:	a1975-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-24
status:	unpublished
citation:
Document Size:	14326

334 State v. John J. Lawless, Jr. -- rank: 475

... charged with motor vehicle violations including driving while intoxicated (DWI), N.J.S.A. 39:4-50. The counts involving serious bodily injury and aggravated assault arose ... 11-4(a), as well as driving while intoxicated (DWI), N.J.S.A. 39:4-50, a motor vehicle offense. The other charges pending against defendant ... with several motor vehicle violations, including DWI in violation of N.J.S.A. 39:4-50. On September 13, 2010, the date scheduled for an N ...

docket:	A-89-11
court:	NJ Supreme Court
decided:	2013-07-22
status:
citation:
Document Size:	82974

335 STATE OF NEW JERSEY v. MARTIN STARK -- rank: 475

... Essex County, finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. 1 That order was entered by Judge Ronald D. Wigler ... results are admissible to support a per se violation of N.J.S.A. 39:4-50. Chun , supra , 194 N.J. at 65. As a pre ... e)(2). Affirmed. The stay is vacated. 1 Pursuant to N.J.S.A. 39:4-50(a)(1) "a person who operates a motor vehicle while ... prescribed by the statute. Defendant was originally charged with DWI, N.J.S.A. 39:4-50, and speeding, N.J.S.A. 39:4-98. The ...

docket:	a5598-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-27
status:	unpublished
citation:
Document Size:	31489

336 STATE OF NEW JERSEY VS LUCIO D. LIBERATORE -- rank: 475

... two issues: POINT I    THE DEFENDANT'S CONVICTIONS FOR         VIOLATING N.J.S.A. 39:4-50 and          N.J.S.A. 39:4-50.2 MUST BE REVERSED         BECAUSE THE ARRESTING OFFICER         UNCONSTITUTIONALLY ENTERED ... refused to submit to a breathalyzer test. The elements of N.J.S.A. 39:4-50.2 are satisfied and defendant was properly convicted of such ... as ordered in the Town of Boonton Municipal Court: for N.J.S.A. 39:4-50, driving while intoxicated, six (6) months loss of driver's ...

docket:	a1236-95
court:	njappellate
decided:	1996-08-28
status:	published published
citation:	293 N.J.Super. 535
Document Size:	29804

337 /usr/local/share/www/libweb/collections/courts/appellate/a5749-12xx.opn.html -- rank: 472

... Prosecution of DWI & Refusal Violations , at 9 (Jan. 24, 2005); N.J.S.A. 39:4-50.2a (requiring the Attorney General to promulgate guidelines). 7 Consequently ... context. On December 16, 2010, defendant was charged with DWI, N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, and ... injured. N.J.S.A. 2C:12-1(c)(2); N.J.S.A. 39:4-50. The indictment was based in part on the blood test ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	56705

338 STATE OF NEW JERSEY v. CHARLES M. MCALLISTER -- rank: 472

... motor vehicle summons charging him with driving while intoxicated (DWI), N.J.S.A. 39:4-50, the State agreed to recommend: probation, conditioned on defendant serving ... the imposition of the mandatory fines and penalties pursuant to N.J.S.A. 39:4-50; and the dismissal of other disorderly persons and motor vehicle ... of detention at an appropriate IDRC was mandatory pursuant to N.J.S.A. 39:4-50. He denied defendant's motion for reconsideration and modification of ... affirm. This was defendant's first DWI conviction. Pursuant to N.J.S.A. 39:4-50(a)(1)(ii), first offenders "shall be subject" to, among ... screening, evaluation, referral, program and fee requirements" of the IDRC. N.J.S.A. 39:4-50(b). We have said in the context of a DWI ... program, i.e., "alcohol and drug education and highway safety," N.J.S.A. 39:4-50(f), are not legitimate sentencing objectives even if defendant ...

docket:	a1371-09
court:	superior court appellate division
decided:	2011-01-06
status:	unpublished
citation:
Document Size:	17501

339 STATE OF NEW JERSEY v. CHRISTOPHER CLARKE -- rank: 472

... him guilty of refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, after de novo review. The facts giving rise to ... statutory elements, which the State must prove for prosecutions under N.J.S.A. 39:4-50.4a, were met beyond a reasonable doubt. See Cu mmings ... note that our Supreme Court has addressed the relationship between N.J.S.A. 39:4-50.2 and -50.4a in State v. Cummings , 184 N ... order of conviction incorrectly identify the governing statutory reference as N.J.S.A. 39:4-50.2, the implied consent section of the driving while intoxicated ... the future, however, care should be taken to list instead N.J.S.A. 39:4-50.4a, the exact statutory provision applicable to breathalyzer refusal cases ...

docket:	a6152-05
court:	njappellate
decided:	2007-11-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35011

340 STATE OF NEW JERSEY v. BARBARA E. DOYLE -- rank: 472

... refus­ing to submit to a breath test, contrary to N.J.S.A. 39:4-50.2, and the sentence imposed of a seven-month suspension ... for refusing to submit to a breath test pursuant to N.J.S.A. 39:4-50.2. Chun , supra , 194 N.J. at 99. However, "[c ... proper breath sample. Under New Jersey's Implied Consent Law, N.J.S.A. 39:4-50.2, "[a]ny person who operates a motor vehicle on ... blood[.]" Failure of a person to act in accordance with N.J.S.A. 39:4-50.2 can result in prosecution for refusing to submit to ...

docket:	a3522-08
court:	superior court appellate division
decided:	2010-03-12
status:	Unpublished
citation:
Document Size:	56040

341 STATE OF NEW JERSEY v. RYAN MELSKY -- rank: 472

... fines, installation of ignition interlock devices, license suspension, and imprisonment. N.J.S.A. 39:4-50. Other examples of serious violations include reckless driving, N.J ...

docket:	a0193-12
court:	NJ Superior Court Appellate Division
decided:	2013-04-16
status:	unpublished
citation:
Document Size:	43362

342 STATE OF NEW JERSEY v. PATRICK REO -- rank: 472

... arrested and charged with driving while under the influence (DUI), N.J.S.A. 39:4-50. On appeal de novo from the Sayreville Municipal Court, where ... App. Div. 2005). The term "operates," as set forth in N.J.S.A. 39:4-50(a), has been broadly interpreted. State v. Tischio , 107 N ... under the influence of intoxicating liquor, within the meaning of N.J.S.A. 39:4-50 and [ N.J.S.A. ] 39:4-50.1, when, in that condition, he enters a stationary vehicle ... defendant's operation of the vehicle, within the meaning of N.J.S.A. 39:4-50, beyond a reasonable doubt. Affirmed. 1 There were additional charges ...

docket:	a0587-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-06
status:	unpublished
citation:
Document Size:	16077

343 State v. John M. Garthe -- rank: 472

... under arrest for driving while intoxicated (DWI), in violation of N.J.S.A. 39:4-50.     At police headquarters, defendant consented to a breathalyzer test. The ... of the public is fully circumscribed by the provisions of N.J.S.A. 39:4-50 to -51(a), the drunk driving statutes.     Nor do we ... conditions, form the basis upon which a conviction of violating N.J.S.A. 39:4-50 may be obtained. [96 N.J. at 82.] See footnote ...

docket:	a-120-95
court:	njsupreme
decided:	1996-06-27
status:
citation:	145 N.J. 1
Document Size:	42480

344 STATE OF NEW JERSEY v. NIRAJ R. JIVANI -- rank: 472

... a second or subsequent conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, or refusal to submit to an alcohol breath test, N.J.S.A. 39:4-50.4(a). On November 10, 2014, the trial judge sentenced ... two-year license suspension mandated for a second DWI conviction, N.J.S.A. 39:4-50(a)(2), defendant's driving privileges were not restored. Based ... as part of a sentence imposed by a court under N.J.S.A. 39:4-50. Because the two-year suspension defendant received for his second ... law, it would have been a two-year suspension. See N.J.S.A. 39:4-50(a)(2). It is, therefore, clear that on the date ...

docket:	a1619-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	19821

345 STATE OF NEW JERSEY v. THOMAS ZINGIS -- rank: 472

... trial de novo of driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50. In addition, defendant appeals his sentence, arguing that the court ... moved to be sentenced as a first-time offender. See N.J.S.A. 39:4-50 (setting forth the penalties for first, second, and third DWI ... COURT ERRED IN SENTENCING DEFENDANT AS A SECOND OFFENDER UNDER N.J.S.A. 39:4-50, BECAUSE THE STATE DID NOT MEET ITS BURDEN TO PROVE ... more by weight of alcohol in the defendant's blood. . . .' N.J.S.A. 39:4-50(a). The statute provides two alternative methods by which driving ...

docket:	a0905-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-25
status:	Published
citation:
Document Size:	39964